Privity of Contract is subject to the exception:a)Where a trust or cha...
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.
Privity of Contract is subject to the exception:a)Where a trust or cha...
Privity of Contract Exception: Trust or Charge Created
Privity of Contract refers to the relationship that exists between parties to a contract. It means that only parties to a contract can enforce the terms of that contract. However, there are exceptions to this rule, and one of them is where a trust or charge is created.
Explanation
When a trust or charge is created, it means that a third party has an interest in the contract. This third party is not a party to the contract, but they have a right to enforce the terms of the contract. This is because the trust or charge creates a beneficial interest in the property or assets that are the subject of the contract.
For example, if A and B enter into a contract for the sale of a property, and A creates a trust over the property in favor of C, then C has a right to enforce the terms of the contract. This is because C has a beneficial interest in the property, even though they are not a party to the contract.
Conclusion
In conclusion, the exception to Privity of Contract where a trust or charge is created means that a third party who has a beneficial interest in the property or assets that are the subject of the contract can enforce the terms of the contract, even though they are not a party to the contract.